Noorani's family are scheduled to appear in Brooklyn Family Court today where they will ask the judge to let them have the children.

Court: Stephen broke down in court when confronted by Nazish's family

On a Facebook page called Justice for Nazish Noorani, a friend posted: 'Please try your best join and support the family. Those who can't join, please pray that the decision is in favour of Nazish's family that way they can at least feel some sort of comfort after their monumental loss and hopefully Nazish's can RIP knowing her children are being raised by her loved ones.'

Prosecutors say Parvaiz hired his 26-year-old Boston mistress, Antoinette Stephen, to kill his wife so that they could be together.

They both face charges of murder, conspiracy and weapons offences for the August 16 shooting. Parvaiz also faces child-endangerment charges.

The married couple were walking with their three-year-old son in Boonton, New Jersey to Ms Choudry's parent's home three blocks away when shots rang out.

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Parvaiz was shot in the ankle and shoulder, sustaining superficial wounds. The child was not injured. The couple's five-year-old son was with family members inside the house.

Injured: Parvaiz appeared in court in a cast and sling after being intentionally wounded in the shooting by his mistress as part of the cover up

Family: Nazish with her sons before she was gunned down on a New Jersey street

Parvaiz initially told police his family had been attacked by a group of men who called them terrorists, but Stephen and Parvaiz exchanged text messages in the days leading up to the shooting, according to an arrest affidavit released by the Morris County prosecutor's office.

Texts from Stephen's number describe driving around the neighbourhood to see how far away the nearest police station was.

'You hang in there. Freedom is just around ur corner,' read one text sent from a phone listed to Stephen's father to Parvaiz, according to the affidavit.

Last week, authorities released the 911 call that Parvaiz made after the killing.

'I just got shot and my wife got shot!' he shouted into the phone. 'Can you send an ambulance? I just got shot in the leg!'

Nazish's family and friends have contended that Parvaiz was an abusive philanderer who flaunted his mistress in front of her - even referring to her as his fiancée - on a recent trip to Boston.

Stephen remains in jail on a $5 million bond at the Morris County Correctional Facility in Morristown, New Jersey, where Parvaiz is being held on a $3 million.